What Is a Motor Vehicle Case?

A mathis motor vehicle accident attorney vehicle case is a personal injury lawsuit that results from an accident involving a motor vehicle. While the majority of cases are subject to common law principles however, there are a few issues that are unique to this particular area.

Under New York law, owners of vehicles are accountable for accidents that occur when their vehicles are being operated with their consent, whether express or implied. Our legal team is able to handle these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can provide an important addition to other evidence in a Claremont Motor Vehicle Accident Attorney vehicle case. This type of testimony typically assists in identifying the culprit of a crime or provide information about how the crash took place. However there is a huge body of research indicating that eyewitness accounts can be extremely inaccurate.

Witnesses are prone to make a mistake when recalling an object's color or shape. Perceptual distortions like faded memories, may make a person forget the exact event.

Witness memory can also be distorted when a witness is presented with important questions or information. For instance, in one study found that asking participants to estimate how fast the car was going influenced their answers. Other factors that affect the accuracy of eyewitness testimonies include age levels, attention, skill and stress, health issues and prejudice.

While many experts insist on the reliability of eyewitness testimony however it is important to educate jurors and law enforcement agencies members about the possibility of error. In some cases, eyewitness testimony that was not accurate has led to wrongful convictions, or even murder. In 2018 the Innocence Project proved that the fingerprints that were found on a cup that a witness had used to identify a suspect in a burglary, not the signatures of Royal Clark's.

Vehicle Inspection

In general, vehicle inspections must take place every year. Certain vehicles, like those that are privately owned or with inspection stickers that are expired, may require more frequent inspections. It is also required in certain situations, such as when residents of New York moves and needs to change their address, it is required that their vehicle is inspected before the new stickers can be issued.

When an inspector conducts an inspection they start off by verifying certain details such as the vehicle's make and model, its registration date and the odometer's reading, and others. The inspector will then look over the vehicle, beginning with the obvious areas such as the windshields and mirrors, the lights and the horn. There are numerous checklists that assure that a thorough inspection of the vehicle has been conducted, which includes the inspection of things like rust and suspension components.

Drivers must be aware and alert for pedestrians, other motorists and any potential dangers. Failure to do this can be regarded as negligence. The driver must also keep control at all times. A vehicle with a defect could result in a loss of control of the vehicle, which could cause serious injuries. It is also possible that the vehicle's manufacturer could be held liable under product liability laws in the event that the accident was caused by an issue with the vehicle or any of its components.

Parts or Components that are Defective

To function correctly, thousands of tiny mechanical and electrical parts must work together. If one of these components malfunctions, the result could be devastating. These accidents are often the result of manufacturing faults or other problems with the construction or design specific part. If a defective part of a vehicle is at the root of an accident, the party responsible for the accident may be liable for a reimbursement to victims for injuries.

Many people believe that all accidents involving cars are caused by human error. While 94 percent of car crashes are caused by driver errors but there are other causes that can cause a wreck like road conditions and deficient auto parts.

Defective car parts include brakes tires, seatbelts, airbags or any other component that may not function according to the specifications and cause an accident. These defects could result from aftermarket parts that were not constructed as well as the original parts on a car. Other times, the defect may be present in the initial design of a specific part.

The manufacturers are required to build cars that meet the minimum safety standards. If the vehicle, or any parts of it, was not constructed or designed according in accordance with these standards, the maker may be held liable for any damages that result from an accident caused by a defect in the part.

Insurance Coverage

Most states follow the tort liability system which obliges drivers to carry insurance in case their misconduct or negligence causes injury to others. Liability coverage includes bodily injury liability and property damage liability.

Bodily Injury liability covers your medical expenses as well as the medical bills of others injured in a collision caused by your vehicle, up to the policy limits. There is usually an amount for each injured person, and a limit for all property damage. Certain insurance companies offer policies with higher limits for these kinds of damages.

Property damage insurance pays to repair or replace your vehicle when it is damaged by something other than collision with another vehicle or object, for example theft, fire, windstorm and the impact of deer. The coverage can also cover damage that is caused by driving over potholes. This type of insurance is mandatory in New York, among other states.

In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is required. However, some states require it only when the driver at fault is not covered by insurance. This coverage covers your property and medical damages if the at-fault motorist has no insurance or is underinsured.